Victims of sexual violence often feel powerless to report the crime.
They feel embarrassed by what happened, worry they did something wrong, don’t want to get anybody into trouble and question whether anything can be done about it.
Victims also fear the reporting process, which can be invasive, retraumatizing and disruptive to social structures, said Maura Demko, executive director of the Sexual Assault Services Organization in Durango.
Although people who have been sexually assaulted are made to feel powerless, in deciding whether to report abuse, nearly all of the power rests with the victim, according to advocacy groups.
“We really show up as a support for the victim,” Demko said. “It’s pretty taxing, and it can be really stressful and arduous. Yet it’s really important, and can be a huge piece for them in their healing process.”
Sexual assault is one of the most underreported crimes in the United States, with some estimates saying only 5 to 20 percent of all incidents go reported.
“We live in this beautiful community, and people want to believe that it doesn’t happen here,” Demko said. “Some of that is because it is underreported, but it happens here just like it happens in other places.”
Some people aren’t certain they have been sexually assaulted. For them, a good first step may be to call an advocacy group such as Sexual Assault Services Organization, or SASO, to talk about it and learn more about the reporting and exam process, said Carla Hase, a sexual assault nurse coordinator in Durango.
“People have to trust their instincts and what is going to be best in their situation,” Hase said. “If they do feel like something wrong happened, at a minimum they should contact an advocacy agency to hear more about what options they have.”
Medical exam free
Some victims are apprehensive about going to the hospital. They are unsure how intrusive it will be, how much it will cost and whether they will have to speak to law enforcement, Hase said.
Medical providers are required to report instances of crimes, but that doesn’t mean a person has to talk to law enforcement, she said. The medical exam and sexual-assault evaluation are free, regardless of a person’s financial situation, thanks to local and state funding, she said.
“Nobody should be turned away from receiving the medical forensic exam because they’re afraid they can’t pay for it,” Hase said.
Specially trained nurses, called sexual assault nurse examiners, provide medical examinations at Mercy Regional Medical Center and gather physical evidence that can be used as part of a rape investigation.
The rape kit, as it is known, involves the collection of DNA, photographs of bruises and tears, and the collection of clothing that was worn during or after an assault, Hase said.
“It is a pretty detailed exam,” she said. “It includes collecting pubic hairs, head hairs, swabs, photography.”
But every patient can decide which parts of the rape kit they want to complete, she said.
The kits are kept by law enforcement for a minimum of two years, so if someone decides at a later date they want to press charges, police will have the forensic evidence.
“The sooner you can get any DNA or evidence collection done, the better,” Hase said.
Some victims may want only prophylactics to prevent pregnancy or sexually transmitted diseases.
“You can do the medical exam to be checked out – make sure everything is OK – get any medications that you may choose that you want, or do the full-on medical exam and forensic evidence collection,” Hase said. “The patient can choose any part of it. They can decline any part of it.”
Confidentiality protected
People who are hesitant about talking to law enforcement can instead talk to a SASO representative, who can explain a victim’s options. The advocacy group has a confidentiality law protecting it, meaning the organization is not required to report incidents of sexual assault to law enforcement – except in cases involving children.
SASO members also lend support during the reporting process – from making a report with police to walking victims through the criminal justice process, Demko said.
“When someone is sexually assaulted, it’s a serious trauma,” Demko said. “For them to sit down with a law-enforcement officer and relive that experience and be questioned pretty strongly ... it’s pretty intimidating.”
When talking to police, people can choose not to identify themselves or the perpetrator, and they can choose whether to press charges, said Durango police Sgt. Rita Warfield, who also sits on SASO’s board of directors.
Under Colorado law, the state automatically presses charges in cases involving children or domestic violence, she said. But victims retain the right to decide whether they want talk to police.
Some people have been known to call police and refuse to identify themselves. They might talk to an officer about an incident, but phrase it as if it happened to a friend, Warfield said.
“Sometimes, it’s actually the victim that’s calling, but they don’t want to divulge who they are because nobody wants to go through the investigation of a sexual assault,” Warfield said. “It’s a hard investigation.”
Reporting sexual assault to law enforcement can be time-consuming, embarrassing and disruptive to social structures.
“It’s one of those crimes that is unique and different because of the dynamics,” she said. “The victims often feel responsible. It’s our job to help them realize that we’re out there, and we want to help them.”
Victims are fearful that in a court of law the tables will turn, and it is they who will be put on trial – grilled about their sex life, drinking habits and how they dressed, Warfield said.
“They are afraid of that. They are afraid of reporting and following through with an investigation,” she said.
Conviction never guaranteed
Durango police officers make a point to be forthcoming with victims, letting them know that even an “airtight case” with witnesses and forensic evidence doesn’t guarantee a conviction, “because people are judgmental,” Warfield said.
“I’ve been through some trials where the victims were so brave and they stood up and spoke up very strongly against their offender,” she said. “The juries see that, too, and they oftentimes win the case.”
It can take some victims days or even years to decide to report sexual violence. Some are confused about what happened or don’t want someone to get into trouble.
If they live with the offender, some worry that reporting sexual violence will cause the abuse to escalate, Warfield said. Sometimes, the offender is part of the victim’s social structure, and reporting it could result in alienation of friends or family. If the abuse involves a family member, some family members may pick sides.
“Those are all the things that are going through a victim’s mind when they’re thinking about reporting, and sometimes it’s more than they want to go through,” Warfield said.
But reporting the crime can break a vicious cycle.
As an investigator, Warfield worked several cases in which the victim grew up to become a sexual assault offender.
“Oftentimes, families knew about this and nobody did anything about it because they were embarrassed,” Warfield said. “Sometimes, it’s the best-kept secret in families.”
An unreported sexual assault can haunt victims for years, especially if they don’t talk to friends, family or an advocate, she said.
“It needs to be addressed. It doesn’t just go away, and it oftentimes lives with the victim forever. Hopefully, they use the resources available to them to get through these times.”
Demko said Southwest Colorado is a small community, but it is in no way immune to sexual assault.
SASO received 215 calls on its hotline last year and already has received 213 through the third quarter of this year, she said. Reporting it to somebody improves overall safety and is important for the victim’s healing, she said.
“It matters,” Demko said. “It is about holding somebody accountable for causing that trauma and hurting them.”
shane@durangoherald.com
For help
Private therapists
Ruby Jo Walker: 259-5711 Ext. 4
Emily Newcomer: 903-7517
Debra Quayle: 570-7309
Hotline services
Sexual Assault Services Organization: 247-5400
Archuleta County Victim Assistance: 264-9075
Options when filing a police report
Victims of sexual violence have four options in reporting to law enforcement:
Do nothing.
Make an anonymous report, in which someone provides information about the incident but doesn’t divulge his or her name or the offender’s name. This may be useful to alert police that an incident happened and they should consider extra patrol so it doesn’t happen to anyone else.
Make a report giving all the details – including who, what, when and where – but decline to file any charges.
Give all information and pursue criminal charges. The police department then would launch a full investigation.
Source: Durango Police Department
